Any visible sign capable of distinguishing the goods (trade mark) or services (service mark) of an enterprise. Any distinctive device, brand, heading, label, ticket, name, signature, word, letter, numeral, or combination thereof, may be registered as a trade mark. Trademarks may include graphics, signs, signatures, pictures or 3-D marks such as, shapes and packaging.

Number of classes

45 (9th and 10th Editions Nice Classification)

Multiple class filing

Available

Filing of series marks

Not available

Necessary documents

Notarized Power of Attorney

Electronic filing

Not available

Common objections

Capacity to distinguish the goods/ services of one enterprise from those of others; Whether the mark is contrary to public order or morality; Whether the mark is likely to mislead the public as to inter alia geographical origin; Whether the mark is identical with, or is an imitation of or contains as an element, an armorial bearing, flag and/ or other emblem; Prior conflicting rights;

Opposition term

90 days from the date of publication in the Official Gazette

Duration of protection

10 years from the filing date (Grace period of 6 months from the date of expiry is permissible)

Restoration of lapsed trademark

Not available

Compulsory period of use to avoid cancellation action

Any interested person may request the Ministry of Commerce to remove a mark from the Register on the ground that up to one month prior to the filing of the request for cancellation on the basis of non-use, the mark had not been used by the registered proprietor or the licensee, during a continuous period of 5 years from the date of registration, provided the mark shall not be removed if it can be demonstrated that special circumstances prevented use of the mark and that there was no intention not to use or abandon the same in respect of those goods/ services.

Parallel Imports

Yes

Use

It is mandatory to file an Affidavit of use or non-use of the mark within 1 year following the 5th anniversary of the registration date.

Courts are empowered to grant an injunction to prevent infringement, an imminent infringement and/ or unfair competition;
Damages or an account of profits in lieu of damages;
An order for the surrender or the destruction of the offending trademark or signage;
A declaration of the plaintiff’s rights to the trademark and defendant’s infringement of these rights;